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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

The Supreme Court today – Friday, Sep 6 – issued notice to Centre, seeking its reply on the amendments to anti-terror law Unlawful Activities Prevention Act that empower the government to designate any individual as terrorist.

The Supreme Court bench of Chief Justice of India Ranjan Gogoi and Justice Ashok Bhushan issued the notice on petitions filed by Sajal Awasthi and NGO Association for Protection of Civil Rights (APCR) which said the amended law allowed the government to freely encroach upon the fundamental rights of dignity, free speech, dissent and reputation.

The petitions said the UAPA Amendment Act of 2019, passed by the Parliament, conferred the Centre with “discretionary, unfettered and unbound powers” to categorise a person as a terrorist – powers which could be misused even to curb dissent.

The UAPA Amendment Bill was passed in the Lok Sabha on July 24 and in the Rajya Sabha on August 2 amid criticism by the opposition parties and civil liberties lawyers. The Bill empowers the government to declare individuals as terrorists as well as to seize their properties and impose a travel ban on them. The Bill received President Ram Nath Kovind’s assent on August 9.

Before this amendment, in line with the legal presumption of an individual is innocent until proven guilty, an individual who was convicted in a terror case was legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused. The amended law does not clarify the standard of proof required to establish that an individual is involved or is likely to be involved in terrorist activities.

It also does not require the filing of cases or arresting individuals while designating them as terrorists.

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Home Minister Amit Shah while discussing the Bill in the Rajya Sabha had said, “A four-level scrutiny has been provided in the amendment and no human rights will be violated.” He also said that declaring individuals as terrorists is required as they float different organisations once an institution is banned. He ignored the questions about why this should be done arbitrarily.

The law could now be used by the government to bring disrepute on a person, and even worse, rob him or her liberty. The heavy burden to prove the entire government machinery wrong would lie on the person.

The petitions challenge the validity of Sections 35 and 36 of the UAPA, as amended by the UAPA Amendment Act, 2019. “The new Section 35 of the UAPA Act, 1967 empowers the Central government to categorise any individual as ‘terrorist’ and add name of such a person in Schedule 4 of the Act,” said Awasthi.

The petitioner NGO contends that such labelling will lead to a lifelong stigma. It would also be against the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.

“The amendment infringes upon the right to reputation and dignity which is a fundamental right under Article 21, without substantive and procedural due process. Notifying an individual as a terrorist without giving him an opportunity of being heard violates the individual’s right to reputation and dignity which is a facet of Right to life and personal liberty under Article 21 of the Constitution,” the petition states.

Awasthi’s petition says that the UAPA amendment is contrary to the Rights guaranteed under Part III of the Constitution of India. It states: “It is well-settled and established position of law that dignity and liberty of an individual is inalienable under the regime of our controlled constitution and that the State is under an obligation to preserve the same. Though there have been certain instances wherein the State has adopted a contrary approach to the above-stated fact and it is pertinent to note here that the Unlawful Activities (Prevention) Amendment Act, 2019 is an example of such an encroachment upon the Fundamental Rights.”

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The petitions object to labelling an individual as a terrorist without granting him a hearing and following due process. Further, the plea goes on to submit that conferring of such “discretionary, unfettered and unbound” powers upon the Government, so as to notify an individual as a terrorist, is also against the right to equality as enshrined in the Constitution under Article 14.

If an individual is labelled a terrorist even before the commencement of the trial or application of judicial mind, it would be violative of the requirement of following a procedure established by law, Awasthi’s plea adds. It would also be violative of an individual’s right to reputation. Further, this lack of opportunity of hearing, according to the petitioner, will have a direct and adverse effect on the Right to Freedom of Speech under Article 19(1)(a) of the Constitution of India.

Threatens right to dissent

It is also the petitioner’s case that the amendment seeks to curtail this right to dissent under the garb of curtailing terrorism. “The right of dissent is a part and parcel of fundamental right to free speech and expression and therefore, cannot be abridged in any circumstances except for mentioned in Article 19 (2). The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society,” it said.

“The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society. India is a democracy and every citizen of India has a fundamental right to dissent but presence of draconian law and provisions as contained in Section 35 and 36 of the UAPA, 2019 directly encroach upon the same.”

 Right to reputation

The petition said the right to reputation was an intrinsic part of fundamental right to life with dignity under Article 21 of the Constitution and tagging an individual as “terrorist” even before the commencement of trial or any application of judicial mind over it, did not amount to following the ‘procedure established by law’.

Instead of preserving the dignity of an individual, the government sought to encroach upon it, the petition said.

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BJP spokesperson Shehzad Poonawalla’s mother injured in hit-and-run incident in Pune

BJP spokesperson Shehzad Poonawalla has alleged that his mother was deliberately hit by a car in Pune and left critically injured. She is scheduled to undergo surgery.

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Shehzad Punawalla

BJP national spokesperson Shehzad Poonawalla has claimed that his mother was seriously injured after being struck by a car in an alleged hit-and-run incident in Pune. The accused reportedly fled the spot after the incident, leaving her critically injured.

According to Poonawalla, the incident occurred a few hours earlier and his mother is scheduled to undergo surgery. He appealed to authorities to identify and arrest the person responsible at the earliest.

Sharing details on social media, Poonawalla said an unidentified individual ran a car over his mother and escaped from the scene. He requested prayers for her recovery and expressed anguish over the incident, describing his mother as a compassionate person whose injury had deeply shaken him.

He also tagged Pune City Police, senior police officials, and Maharashtra Chief Minister Devendra Fadnavis, urging strict legal action against the accused and ensuring that the person does not evade accountability.

CCTV footage surfaces, police complaint to be filed

In a related development, Poonawalla’s brother and political analyst Tehseen Poonawalla shared CCTV footage on social media that allegedly shows the moment their mother was hit by the vehicle.

Tehseen stated that his mother, a senior citizen, had stepped out of the car while it was being refuelled when the incident occurred. He alleged that the act appeared deliberate and said efforts were underway to identify the vehicle involved.

He further confirmed that a police complaint would be filed and questioned how the vehicle could have hit his mother when she was standing at a distance from the car.

Fractured hip, surgery planned

Providing an update on her medical condition, Tehseen said their mother had suffered a fractured hip and would require surgical intervention. She has been admitted to hospital and doctors are monitoring her vitals ahead of surgery.

He described the incident as infuriating and heartbreaking, adding that his mother would need a rod implant following the hip surgery. He also said he had spoken to senior police officials and expressed hope that swift action would be taken.

Authorities have not yet issued an official statement on the incident. Further details are awaited as investigations continue.

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Three sisters die after jumping from ninth floor in Ghaziabad

Three minor sisters died after jumping from the ninth floor of their Ghaziabad apartment, allegedly following a dispute over online gaming, police said.

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Three sisters die after jumping from ninth floor in Ghaziabad

Three minor sisters died after jumping from the ninth floor of their apartment building in Uttar Pradesh’s Ghaziabad, allegedly following objections by their parents to their online gaming habits.

The incident occurred at Bharat City, a residential township in Ghaziabad, at around 2 am on Wednesday. The girls were found dead at the spot.

The sisters have been identified as Pakhi, aged 12, Prachi, 14, and Vishika, 16.

According to police, the three siblings were extremely close and spent most of their time together. They reportedly followed the same daily routine, including bathing, eating, attending school, and sleeping together.

Preliminary findings suggest the girls had become addicted to online gaming during the COVID-19 pandemic. They were reportedly playing an online task-based game referred to as a ‘Korean love game’. Police also said the sisters were not attending school regularly.

Investigators said the parents had objected to the girls’ excessive gaming, following which the incident allegedly took place. Police teams reached the spot soon after and have begun an investigation to ascertain the exact sequence of events.

Further details are awaited as the probe continues.

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US tariff cut to 18% is positive signal for Indian exporters, says Sitharaman

Nirmala Sitharaman says India’s exports could recover after the US reduced tariffs on Indian goods to 18%, restoring competitiveness in key sectors.

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Nirmala Sitharaman

India’s exports to the United States are expected to gain momentum following Washington’s decision to reduce tariffs on Indian goods to 18%, Finance Minister Nirmala Sitharaman said on Tuesday, describing the move as a “good auguring” for exporters.

Speaking in an interview to media, Sitharaman said the tariff reduction would help Indian exporters regain competitiveness in the US market, particularly after the sharp impact of punitive duties imposed last year.

“So, actually our exports will pick up now, that is my expectation,” she said, adding that exporters had also identified alternative markets during the period of elevated tariffs and would continue operating in them.

Tariff rollback brings relief after export setback

The US had imposed steep tariffs of up to 50% on Indian goods last year, which significantly raised landed costs and squeezed exporter margins. Several sectors, including steel, aluminium, textiles, engineering goods and certain agricultural products, were affected as US buyers diverted orders to other suppliers.

On Monday, US President Donald Trump announced a reduction in tariffs on Indian goods to 18% as part of a broader trade understanding. The agreement includes India lowering trade barriers and committing to stop purchases of Russian oil, instead sourcing energy from the US and potentially Venezuela.

On implementation, the revised tariff structure would bring duties on Indian exports broadly in line with other Asian economies, where rates range between 15% and 19%.

Improved competitiveness against regional rivals

The 18% tariff undercuts duties imposed on key regional competitors such as Vietnam and Bangladesh, which face tariffs of around 20%. This is expected to restore India’s price advantage in the US market.

Labour-intensive sectors such as apparel, footwear and jewellery are likely to see the most immediate benefit. These segments had witnessed a sharp fall in orders after the 50% tariffs imposed in August severely dented competitiveness.

Earlier in the day, Sitharaman described the development as “good news for #MadeInIndia products” in a social media post, noting that Indian goods would now face reduced duties in the US market.

Trade and capital flow impact

Earlier punitive tariffs had also weighed on bilateral trade. India’s trade surplus with the US shrank by an average of USD 2.5 billion per month between September and December 2025 compared to the January–August period, according to research cited in the report.

Investor sentiment had weakened as well, with foreign investors pulling out nearly USD 14 billion in equities since July 2025.

The rollback of the additional 25% punitive tariff linked to Russian oil purchases effectively lowers the applied tariff on Indian exports from 50% to 18%, offering significant relief to exporters and improving prospects for a recovery in trade flows.

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